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Howell v. Thompson

Supreme Court of Texas
Oct 21, 1992
839 S.W.2d 92 (Tex. 1992)
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Summary

holding that an opinion issued after the filing of bankruptcy proceedings was void

Summary of this case from Maes v. Quintanilla
See 5 Summaries

Opinion

No. D-2425.

October 21, 1992.

Appeal from the Texarkana Court of Appeals.

John M. Frick, Tracy Pride Stoneman, Dallas, for petitioner.

Edward Ellis, Paris, for respondents.

ORDER

The court of appeals' issuance of its opinion and judgment was void because it occurred after petitioner filed bankruptcy proceedings and during the pendency of the automatic stay provided by 11 U.S.C. § 362(a)(1). Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988). It is therefore ordered that petitioner's application for writ of error is granted, the judgment of the court of appeals is vacated, and the case is remanded to that court for further proceedings in accordance with this opinion. TEX.R.APP.P. 170. This order does not preclude reissuance of the same opinion and judgment.

Summaries of

Howell v. Thompson

Supreme Court of Texas
Oct 21, 1992
839 S.W.2d 92 (Tex. 1992)

holding that an opinion issued after the filing of bankruptcy proceedings was void

Summary of this case from Maes v. Quintanilla

holding appellate court judgment void

Summary of this case from Brashear v. Victoria Grdn. McKinney

holding court of appeals' issuance of its opinion and judgment was void because it occurred after petitioner filed bankruptcy and during pendency of automatic stay

Summary of this case from Chisholm v. Chisholm

In Howell v. Thompson (Tex. 1992) 839 S.W.2d 92, the Texas Supreme Court vacated a judgment entered by the court of appeals on the ground the lower court's "issuance of its opinion and judgment was void because it occurred after petitioner filed bankruptcy proceedings and during the pendency of the automatic stay provided by 11 U.S.C. § 362(a)(1)."

Summary of this case from Oakhurst Lodge, Inc. v. Patel

In Howell v. Thompson, 839 S.W.2d 92 (Tex. 1992), the Texas Supreme Court has also held an opinion and judgment of an appellate court to be void that were (unknowingly) issued after the petitioner filed bankruptcy proceedings and during the pendency of the automatic stay.

Summary of this case from Thomas v. Miller
Case details for

Howell v. Thompson

Case Details

Full title:G.B. (Jimmy) HOWELL, Petitioner, v. Hugh D. THOMPSON and Willie Edgar…

Court:Supreme Court of Texas

Date published: Oct 21, 1992

Citations

839 S.W.2d 92 (Tex. 1992)

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